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FAR and DFARS › FAR Part 28: Bonds and Insurance › Subpart 28.1

FAR 28.106-4 Contract clause.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells the contracting officer which bond-related clauses to include in solicitations and contracts. It matters to contractors because it determines whether clauses like Additional Bond Security or Prospective Subcontractor Requests for Bonds will appear in their contract. The second clause is required only when a payment bond will be furnished under the cited law, with an exception for commercial products or commercial services.

Applies to: Contracting officers issuing solicitations and contracts involving bonds

What it requires

  • Insert the clause at 52.228-2, Additional Bond Security, in solicitations and contracts when bonds are required.
  • Insert the clause at 52.228-12, Prospective Subcontractor Requests for Bonds, in solicitations and contracts where a payment bond will be furnished under 40 U.S.C. chapter 31, subchapter III, except for contracts for commercial products or commercial services.

Key terms: Additional Bond Security · Prospective Subcontractor Requests for Bonds · payment bond · commercial products · commercial services

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The contracting officer shall insert the clause at 52.228-2, Additional Bond Security, in solicitations and contracts when bonds are required.

(b) In accordance with section 806(a)(3) of Public Law 102-190, as amended by section 2091 and 8105 of Public Law 103-355 (10 U.S.C. 4601 note prec.), the contracting officer shall insert the clause at 52.228-12, Prospective Subcontractor Requests for Bonds, in solicitations and contracts with respect to which a payment bond will be furnished pursuant to 40 U.S.C. chapter 31, subchapter III, Bonds (see 28.102-1), except for contracts for the acquisition of commercial products or commercial services as defined in subpart 2.1.

Sections it refers to

Sections that refer to it

  • 52.228-2 Additional Bond Security.
  • 52.228-12 Prospective Subcontractor Requests for Bonds.

← 28.106-3 Additional bond and security. · 28.106-5 Consent of surety. →

Rule changes for FAR Part 28

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 28.106-4 Contract clause · SpendQuery